Remove Cease and Desist Remove Intellectual Property Remove Intellectual Property Law Remove Public Domain
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Which Type of Intellectual Property Protection Do I Need?

Art Law Journal

When people find out that I am an Intellectual Property attorney, I am often battered with questions about the topic. Unfortunately, Intellectual Property law has gotten so complicated that many people aren’t even sure which type of Intellectual Property (copyright, trademarks, or patents) protects their creative work.

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Which Types of IP (Intellectual Property) Protection Do Artists Need?

Art Law Journal

When people find out that I am an Intellectual Property (IP) attorney, I am often battered with questions about the topic. Unfortunately, IP law has gotten so complicated that many people aren’t even sure which types of IP (copyright, trademarks, or patents) protects their creative work. Which Types of IP Law Is Right for You?

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Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

Technology & Marketing Law Blog

And to characterize zero-click online terms of use that are imposed by cease-and-desist letter as enforceable contracts is horrible policy and bad law. The whole point of copyright preemption is that Congress sought to prevent states from infringing on the public domain and undermining key concepts of copyright law.

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Resolving Conflicts Between Trademark and Free Speech Rights After Jack Daniel’s v. VIP Products (Guest Blog Post)

Technology & Marketing Law Blog

Arguably this type of expression should remain in the public domain available for use by everyone in connection with their goods or services unless it is protected by another intellectual property law. Such words and symbols are also less likely to function as a source-identifying mark.

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